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Document 62007TJ0095

Judgment of the Court of First Instance (First Chamber) of 21 October 2008.
Aventis Pharma SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark PRAZOL - Earlier national word mark PREZAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-95/07.

Izvješća Suda EU-a 2008 II-00229*

ECLI identifier: ECLI:EU:T:2008:455





Judgment of the Court of First Instance (First Chamber) of 21 October 2008 – Aventis Pharma v OHIM – Nycomed (PRAZOL)

(Case T-95/07)

Community trade mark – Opposition proceedings – Application for the Community word mark PRAZOL – Earlier national word mark PREZAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 30, 56-57)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA.

Information relating to the case

Applicant for the Community trade mark:

Nycomed GmbH, formerly Altana Pharma AG

Community trade mark sought:

Word mark PRAZOL for goods in Class 5 – Application No 1154269

Proprietor of the mark or sign cited in the opposition proceedings:

Aventis Pharma SA

Mark or sign cited in opposition:

National word mark PREZAL for goods in Class 5

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Decision of the Opposition Division annulled and the opposition dismissed


Operative part

The Court:

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Case R 302/2005‑4);

2.

Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA;

3.

Orders Nycomed GmbH to bear its own costs.

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